Prajna Paromita Sen And ANR. v. State Of West Bengal And ORS.

08.11.2024 Item No.1 PG/KS Ct. No.1 W.P.A. (P) 468 of 2024 Prajna Paramita Sen & Anr.

Versus

The State of West Bengal & Ors.

Mr. Saptarshi Banerjee Mr. Prithwish Roy Chowdhury .....For the Petitioners Mr. Anirban Ray, Ld. G.P.

Mr. Sk. Gd. Galib Ms. Sujata Mukherjee ..............For the State Ms. Susmita Saha Dutta Mr. Niladri Saha Mr. Dipjyoti Chakraborty Ms. Madhurima Basu .....For the Intervenor

1. This is a writ petition filed as a Public Interest Litigation praying for various reliefs and in particular to restrain the respondents from conducting a Puja in the place, which has already been earmarked for which the police has granted permission.

2. As rightly pointed out by the learned Government Counsel, the petitioners do not object for conducting of Durga Puja in the very same location but are objecting to conduct of all other events.

3. The learned advocate appearing for the petitioners would submit that the location, where the Durga Puja is conducted is a different location.

4. Be that as it may, the Puja Committee viz. Jodhpur Park Ananda Sangha had filed a writ petition before this Court in W.P.A. 26577 of 2024 and the same has been disposed of taking note of the stand taken by the Puja Committee as well as the stand taken by the State and that specific

restriction has been made with regard to the pandal size to ensure that the 27 ft. of the road is absolutely kept clear and both side of the foothpaths will also be clear. The petitioners would point out that there is a school for the disabled children in the locality and if loudspeakers and sound boxes are used, the children will be put to prejudice.

5. The learned advocate appearing for the intervenor, who appeared for the petitioner in W.P.A. 26577 of 2024 submitted that the Puja Committee has given a written undertaking to the police that they will not use sound boxes.

6. In the light of the order passed in the writ petition dated 7th November, 2024, no contrary order can be passed in this public interest litigation. However, we would observe that the Jodhpur Park Ananda Sangha viz. the Puja Committee shall have due regard to the people of the locality and ensure that none is put to inconvenience on account of conduct of the Puja.

7. The order and direction issued in the writ petition vide order dated 7th November, 2024 shall be strictly complied with and any other direction that may be issued by the State administration shall also be complied with by the Puja Committee without default.

8. With the aforesaid directions, writ petition stands disposed of.

9. No costs.

10. The report submitted by the State is kept on record.

11. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)